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Discussion Paper:ACFE Regional Governing ProjectStrengthening connections in the ACFE system

Prepared for the ACFE Board

June 2015

Discussion Paper: ACFE Regional Governing Project: Strengthening connections in the ACFE system 1

ContentsExecutive summary...................................................................................................................3

Background...............................................................................................................................4

The project methodology.........................................................................................................4

The context for governance & governing in ACFE.....................................................................5

What is good governance & governing?...............................................................................6

Current governing arrangements..........................................................................................7

The survey findings...................................................................................................................7

What do these findings tell us?.................................................................................................8

Making a submission.............................................................................................................9

Discussion questions.............................................................................................................9

Attachment 1 – The survey questions.....................................................................................11

Attachment 2 - Functions relevant to the ACFE Board and ACFE Regional Councils from the Education and Training Reform Act 2006...............................................................................13

Attachment 3 - How the ACFE Board & Regional Councils may interact in performing the functions assigned to them.....................................................................................................15

Attachment 4 – Current strategies that connect the ACFE Board & Regional Councils..........16


Executive summaryThe ACFE Regional Governing Project was commissioned by the Adult, Community and Further Education (ACFE) Board to improve the systemic connections within ACFE, provide greater clarity on roles and responsibilities and improve relationships and knowledge among the system.

Purpose of this Discussion Paper

The project is now seeking submissions from Learn Local organisations to validate findings arising from the survey and to develop recommendations. A number of discussion questions are provided to facilitate this.

Background

The legislative roles, relationships and accountabilities of the ACFE system including their establishment are defined in the Education and Training Reform Act 2006 and in the Public Administration Act 2004.

The ACFE Board and Regional Councils currently use a number of mechanisms and strategies to facilitate good governance and governing within the sector.

Survey Findings

We recently conducted online surveys to gather information from ACFE Board members, Regional Council members and Learn Local organisations, focusing on the connections between them that would facilitate good governing. Responses to the surveys were collated around the project’s intent.

The survey findings indicate a need to strengthen the induction of ACFE Board and Regional Councils members. Many of the roles are clearly understood and acted on, for instance the role of Regional Councils in ‘identifying the needs of ACFE users/providers and in ‘supporting and promoting ACFE’. However there is a need to ensure there is a focus on all aspects of the core business of ACFE in accordance with scope of the Act. In particular, understanding the mission of the sector to ensure the adequacy of arrangements for disadvantaged persons is critical to the ACFE Board and the Regional Councils using their functions and powers astutely. Consultation is at the heart of how the ACFE Board and Regional Councils are to operate. This appears fragmented with some stakeholders not engaged consistently.

The range of strategies and mechanisms that connect the ACFE Board, the Regional Councils and the Learn Local organisations should be examined further as well as investigating communication strategies to ensure that Regional Councils and DET are maximising their engagement with Learn Local organisations.

Making a submission

The ACFE Regional Governing project wishes to hear from Learn Local organisations with an interest in the project. We are particularly interested in your responses to the questions about Regional Councils supporting and promoting adult community and further education in the region and Learn Local organisations. Discussion questions are provided on page 9.

Please forward your feedback to Alison Vickers on [email protected] by Tuesday June 30.


mailto:[email protected]

BackgroundThe ACFE Regional Governing Project (the Project) was commissioned by the Adult, Community and Further Education (ACFE) Board (the Board) to improve the systemic connections between the Board, ACFE Regional Councils (Councils) and the Learn Local organisations by clarifying the respective roles, responsibilities and relationships through effective communications and building the knowledge base. The intent of the Project is to improve systemic connections within the ACFE system, provide greater clarity on roles and responsibilities and improve relationships and knowledge across the system within the context of existing legislation and Learn Local: Focusing on the Future.

Councils play a critical role in ensuring that the mission, vision and values of the Board can be achieved. However both the Board and Councils expressed the view that their capacity to do so has been reduced. A number of factors led to this issue including:

an unusually large turnover in membership of many Councils reducing the amount of ‘corporate knowledge’ immediately accessible

difficulty recruiting new members timeliness in approving new members changed executive support arrangements arising from new administrative structures

(both centrally and regionally) in the Department of Education and Training (DET).

The issue received particular attention at the Annual Planning Workshop in 2014.

In a related but relevant initiative, DET has recently conducted a state-wide consultation on regional support services. The consultation gathered views on the role of regions, the types of services needed, and how and where services should be delivered. Schools and their relationship with regional services are at the core of the consultation. However, it also looked at the enhanced roles regions can fulfil, and the expertise regions need to most effectively support early childhood services, schools, TAFE, VET providers, including Learn Local organisations and ACFE Regional Councils.

The outcomes of the consultation process will be publicly released later this year. The Government has identified this work as a key priority and is looking to make improvements to the current arrangements as soon as possible and to deliver those improvements in stages if required. It is expected that additional support will be provided through regions from the beginning of 2016 at the latest.

The project methodologyOnline surveys were conducted to gather information from Board members, Council members and Learn Local organisations, focusing on the connections between them. The relevant survey was sent to all ACFE Board members (12), all Regional Council members (55) and 309 Learn Local organisations. A list of the questions in each survey is provided in Attachment 1.

In May 2015, the survey findings formed the basis for focus groups with Regional Council members held in regional and metropolitan locations. The questions posed in this Discussion Paper were the basis for conversation on the issues identified in the paper. Learn Local organisations are invited to respond to the questions in writing (submission details are provided on page 9)


The analysis of information collated from all consultation activities will generate recommendations on possible products to be developed and/or processes to be implemented (or changed) to achieve the Project’s aim.

The Project is expected to conclude in mid-2015, with the agreed products and processes implemented over the remainder of the year.

The context for governance & governing in ACFEThe Education and Training Reform Act 2006 (the Act) continues the establishment of the Board and Councils. The legislative roles, relationships and accountabilities of the ACFE system are defined in the Act and in the Public Administration Act 2004. A summary of the roles and relationships is provided below.

Figure 1: The legislative relationships and accountabilities of the ACFE system

The Act provides for the broad mission of adult community and further education, functions or powers for the Board and Councils to undertake this mission and how to operate in undertaking these functions. The Act requires the Board to focus on arrangements for disadvantaged persons. The Board must address the ‘adequacy of arrangements for persons who have not had or do not have access to education programs and who wish to participate in adult, community and further education programs’. 1 The functions and powers of the Board and Councils from the Act are provided in Attachment 2 how the Board and Councils may interact in performing these functions is provided in Attachment 3.

The Act also indicates how the Board and the Councils should operate in undertaking their functions. The Act requires that the Board have regard to the advice of Regional Council on any matter relating to adult community and further education in that region and amongst other organisations, must consult, as a matter of general practice, with Regional Councils.2 In turn, a Regional Council in carrying out its functions must consult as a matter of general practice any person who uses or provides adult community and further education and any

1 Education and Training Reform Act 2006 s 3.3.32 Education and Training Reform Act 2006 s 3.3.5 (b)


Community organisations (NFP)

Local Councils

Higher education

Peak Bodies

Learn Local organisations

other education and training organisation in its region.3 The detail of the consultation requirement of the Board and Councils is provided in Attachment 2.

This means that the Board and Councils should be consulting with a range of providers and users of adult, community and further education. The possible range of key stakeholders is provided below in Figure 2. This consultation is designed to inform the Board and Council about the current provision and planning for adult education in the region. By considering the general needs of the local community and business and industry and including a focus on the adequacy of arrangements for disadvantaged persons, the Council identifies where there are gaps and what is needed in their region.

Figure 2: The range of ACFE key stakeholders

What is good governance & governing?Good governance provides the foundation for high performance. It strengthens community confidence in a public entity, and helps to ensure the entities reputations are maintained and enhanced. Good governance enables entities to respond strategically to changing demands.4

Good governing therefore relies on the various entities working together to fulfil the ACFE mission.

Governing refers to the processes associated with enacting authorities, responsibilities and accountabilities within and for an organisation.5

As stated earlier, the vision for the project is that there is an improved systemic connection between the Board, Councils and the Learn Local sector through clear roles, responsibilities and relationships and that there is quality advice provided to the Board by Councils.

3 Education and Training Reform Act 2006 s 3.3.5 (c) 4 State Services Authority (2006), Welcome to the Board: Your introduction to the good practice guide on governance for Victorian public sector entities5 Walkley, D (2014) Points of clarification: language of school governance & governing, Australian Education Leader, Vol. 36 No 2.


ACFE Board

Barwon South

Western RCEastern

Metropolitan RC

Gippsland RC

Grampians RC

Hume RC

Loddon Mallee RC

North Western

Metropolitan RC

Southern Metropolitan

RC

TAFE

Disadvantaged persons

AEIs

LLENs

Private Providers

Secondary Schools

Industry

Employers

Group Training Organisations

Specific learner groups facing barriers

Industry organisations

Job Service Agencies

Current governing arrangementsThe Board and Councils currently use a number of mechanisms to connect. These range from the ACFE Chairpersons’ Forum to an ACFE Board Champions Strategy and an annual Planning Workshop. There are also a number of strategies used including dissemination of ACFE reports to Councils and letters or reports provided to the Board. A list of the mechanisms and available strategies is provided in Attachment 4.

The Board and Councils receive executive support to undertake their functions from DET. Regionally based staff provide the majority of the direct support to individual Councils. Supports which are generic, such as coordinating recruitment and appointment of members, the ACFE Annual Report, contracting for Council projects, professional development such as the Regional Council Development Day, expenses reimbursement etc. are provided centrally. The ACFE Board Secretariat undertakes the majority of this work which is often also required for the ACFE Board.

The survey findingsEach survey generated sufficient responses to be statistically valid. 83 per cent of ACFE Board members, 78 per cent of Regional Council members and 42 per cent of all Learn Local organisations responded.

Responses to the survey from the Board, Councils and Learn Local organisations were collated around the project’s intent which is to improve systemic connections within the ACFE system, provide greater clarity on roles and responsibilities and to improve relationships and knowledge among the system. Findings include:

Experience in ACFE system governance

Board members have, on average, much longer experience of their role than Council members do of theirs – 41 months versus 29 months.

A large proportion of Council members are very new to the role (median time since appointment was 8 months).

Board members had been in the role on average for 4 years. Newer Council members, (i.e. with less than 12 months in the role) appear to be

relatively unfamiliar with their legislated responsibilities – the response ‘I don’t know’ was common.

Breadth of consultation

The requirement in the Act for Councils to consult with a broad range of providers and users, beyond Learn Local organisations and about more issues and activities than pre-accredited courses, was not widely known among Council members responding to the survey.

Learn Local organisations and Local Learning and Employment Networks (LLENs) were most frequently listed as stakeholders with whom Councils have a high level of consultation.

There was little or no direct consultation with TAFE Institutes or Adult Education Institutions (AEIs) and their Boards, learners, industry or other education and training providers.

The need to have a specific focus on the adequacy of arrangements for disadvantaged persons6 did not appear to be well understood.

6 Education and Training Reform Act 2006 s 3.3.3


Communication and relationships between the ACFE Board and Regional Councils

The legislative requirement for the Board to consult with Councils and for Councils to provide advice to the Board ensures the reporting of ‘regional intelligence’ to the Board.

Three themes emerged from the survey responses for improving the relationship and communication between the Board and the Councils:o achieving shared ownership of ACFE strategy through mutual planning and

events o achieving shared ownership of ACFE strategy through defined reportingo the need for clarification of roles and induction of new members.

The Learn Local sector

On average 16% of a Learn Local organisation’s funding or revenue comes through the Board.

Many Learn Local organisations had minimal contact with their Council and/or the Board.

Some respondents confused their Council with their DET regional office, with whom most Learn Local organisations did have a relationship.

Learn Local organisations supported improved arrangements to communicate with their Councils and/or the Board.

What do these findings tell us?To address the gap of experience and relative understanding of ACFE planning and implementation issues between Board and Council members an efficient and expedient process to induct Board and Council members is essential.

The survey findings indicate a need for induction of ACFE Board and Regional Councils members to ensure there is a more complete understanding and focus on the core business of ACFE in accordance with scope of the Act. Many of the roles are clearly understood and acted on, for instance the role of Regional Councils in ‘identifying the needs of ACFE users/providers and in ‘supporting and promoting ACFE’. However some aspects are less well understood, in particular, understanding the mission of the system to ensure the adequacy of arrangements for disadvantaged persons is critical to the ACFE Board and the Regional Councils using their functions and powers astutely. Consultation is at the heart of how the ACFE Board and Regional Councils are to operate. This appears fragmented with some stakeholders not engaged consistently.

Consultation between the Board and Councils and all critical stakeholders appears fragmented with some stakeholders not engaged consistently. This is particularly apparent with the relationship between:

Councils and TAFE institutes and AEIs Learn Local organisations and Councils Councils and other education and training providers.

There appears to be a need to examine and evaluate the stakeholder engagement strategy.

Findings indicate that the range of strategies and mechanisms that connect the Board, the Councils and the Learn Local organisations should be examined. Some appear to work well, are well utilised and should possibly be expanded. Others are not achieving their aims and


should be revised or discontinued. There is a need to look at how to best utilise mechanisms within the rhythm of Board and Council planning cycles and where this can maximise the expertise of the Council/s and/or the Board.

It is important to note the finding from the Learn Local organisation survey that on average 16% of a Learn Local organisation’s funding or revenue comes through the Board. This creates a particular challenge for Councils and DET in how they meaningfully communicate and consult with Learn Local organisations. There appears to be a need to investigate communication strategies to ensure that Councils and DET are maximising their engagement.

Making a submissionThe ACFE Regional Governing project wishes to hear from Learn Local organisations with an interest in the project. We are particularly interested in your responses to the questions about Regional Councils supporting and promoting adult community and further education in the region and Learn Local organisations.

The purpose of this feedback is to understand the critical issues relating to Learn Local organisations so that the Board can lead an effective ACFE system that’s in keeping with the intent of the Act.

Please forward your feedback to Alison Vickers on [email protected] by Tuesday June 30.

Discussion questionsBeing new to Regional Council

o What are some of the key challenges for first time Regional Council members?o How could these be addressed?

The functions of Regional Council

o What are the best ways to assist Regional Councils to be clear about their functions? o Thinking about what is happening now to help Council members to be clear about

their functions:o what should be retained/expandedo what would you like to see less ofo what could be done differently?

The Board and Regional Councils working together

o Would you like to see Councils participate more in the development of ACFE strategy and forward planning? How could this happen?

o Thinking about how communication happens now between the Board and Councils o what should be retained/expandedo what would you like to see less ofo what could be done differently?

Regional Councils supporting and promoting adult community and further education in the region (Learn Local organisations)

o How does your Regional Council undertake this function?


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o Thinking about how communication happens now between the Regional Council and Learn Local organisations

o what should be retained/expandedo what would you like to do less ofo what could be done differently?

o As a Council member, how do you balance this function with the responsibility to consult with learners, other education providers, the wider community, business and industry?

o As a Learn Local organisation, how do you make sure that the Regional Council and its members know what you are achieving and what support you need?

Providing opportunities for disadvantaged persons

o How does the Council ensure it is responding to the needs of educationally disadvantaged people in the region?

o What could be done differently or expanded to strengthen this role?


Attachment 1 – The survey questionsACFEB survey

1. How long have you been a member of the ACFE Board?2. Are you an ACFE Board Champion?3. What type/s of Board activities is your ACFE Regional Council involved in? Please

indicate the extent of their involvement and how they are involved.4. How does the Board currently receive information from ACFE Regional Councils?5. What do you understand as the Board's role under the Education and Training

Reform Act 2006?6. What do you understand as an ACFE Regional Council's role under the Education

and Training Reform Act 2006?7. What would assist ACFE Regional Councils and/or ACFE Board members and/or

Learn Local organisations to be clearer about their roles within the sector?8. What would assist ACFE Regional Councils and/or ACFE Board members and/or

Learn Local organisations to undertake their roles within the sector?9. What communication strategies between ACFE Regional Councils and the ACFE

Board would facilitate better governing?10. What suggestions do you have to better align the roles/functions of ACFE

Regional Councils and the ACFE Board?

Regional Council survey

1. How long have you been a member of an ACFE Regional Council?2. I am a member of a rural based or metropolitan-based Regional Council?3. How does your Council monitor the needs of Learn Local learners in its region?4. How does your Council monitor the needs of Learn Local organisations in its

region?5. How does your Council advise the ACFE Board about the delivery of adult and

community education in its region?6. What types of ACFE Board activities is your Council involved in? Please indicate

the extent of involvement.7. Does your Council consult with key stakeholders in its region?8. Who does your Council consult with? Please indicate the extent of your

consultation and how you consult with them?9. What activities does your Council undertake to PROMOTE community based

adult education in its region?10. What activities does your Council undertake to SUPPORT community based adult

education in its region?11. Does your Council gather information about learning issues and needs in your

region?12. How does your Council advise the ACFE Board of the learning needs of

individuals, businesses and industry in your region?13. How does your Council gather information about its region?14. What is the nature of your Council's engagement with Learn Local organisations?15. Please provide any suggestions for enhancing the relationship between the ACFE

Board, the ACFE Regional Councils and/or Learn Local organisations. For example: Joint planning/strategy meetings, joint issue forums, performance agreements, or a biennial conference.


16. Which, if any, of the following skills does your Council require, and are NOT currently available?

17. Who or what support does your ACFE Regional Council access in undertaking its role? Please indicate your level of satisfaction with this support?

18. What could the ACFE Board provide to assist your Council undertake its role?19. Please provide any suggestions that would assist ACFE Regional Councils and/or

the ACFE Board to align their roles within the ACFE system?20. Name (optional)21. I am a member of which ACFE Regional Council? (optional)

Learn Local organisation survey

1. How long have you been a Learn Local organisation?2. My Learn Local organisation engages with?3. What per cent (%) of your operational funding is obtained from the ACFE Board?4. What is the nature of your Learn Local organisation's engagement with a

Regional Council/s? What is your level of satisfaction with the engagement?5. Does your Learn Local organisation engage with the ACFE Board?6. Why does your Learn Local organisation NOT engage with the ACFE Board?7. How does your Learn Local organisation engage with the ACFE Board?8. Please provide any suggestions for enhancing the relationship between the ACFE

Board, the ACFE Regional Councils and Learn Local organisations?9. Thank you for taking part in this survey. Your responses are most appreciated.

This survey was completed by: a member of a Learn Local Committee of Management, the Manager/CEO, other?


Attachment 2 - Functions relevant to the ACFE Board and ACFE Regional Councils from the Education and Training Reform Act 2006 ACFE Board The functions of the Board with respect to adult, community and further education that is not

provided by TAFE institutes or universities, are— (a) to inquire into and make reports on the general development of policies, programs and services, having regard to, amongst other things— (i) the needs of the community; and (ii) the establishment of objectives and priorities; and (iii) the promotion of an awareness of the importance of adult, community and further education; and (iv) the adequacy of arrangements for persons who have not had or do not have access to education programs and who wish to participate in adult, community and further education programs; and (v) the role of Government in supporting community initiative in planning, developing and providing adult, community and further education; and (b) to plan, develop, evaluate and fund, policies, programs and services for the co-ordination, provision and support of adult, community and further education having regard to— (i) the promotion of individual and community development through learning as reflected in those policies, programs and services; and (ii) the development and maintenance of the quality of and equitable access to those programs and services; and (c) to provide for the delivery of adult, community and further education; and (d) to advise the Minister on any matter relating to adult, community and further education; and (e) to provide educational programs where directed by the Minister or so as to comply with any agreement or arrangement between the State and the Commonwealth or any other State or Territory of the Commonwealth; and (f) to promote research and development into matters relating to adult, community and further education; and (g) to promote public awareness of adult, community and further education; and (h) to carry out any other function that is conferred on the Board by this or any other Act. (s3.3.3)In carrying out its functions and exercising its powers, the Board must— (b) have regard to the advice of a Regional Council on any matter relating to adult, community and further education in that Region; and (c) consult, as a matter of general practice, with— (i) the Regional Councils; and (ii) the governing boards of adult education institutions; and (iii) the boards of TAFE institutes; and (iv) any person or organisation providing or using adult, community and further education— on any matter of general concern about adult, community and further education; and (d) ensure that its actions are consistent with the arrangements for the provision of vocational education and training. (s3.3.5)

The Board has a number of Financial Powers under s3.3.6 and powers to enter into Performance Agreements under s3.3.7

Regional Councils of ACFE

(1) The functions of a Regional Council are— (a) to develop a process which will enable users and providers of adult, community and further education to advise the Council and the Board on the needs of adult, community and further education in the region; and (b) to provide advice and prepare reports for the Board in relation to adult, community and further education; and (d) to provide information, and contribute to planning, for adult, community and further education in the region; and


(f) to advise the Board about the effectiveness of activities funded by the Board under Division 2 and about the effectiveness of adult, community and further education activities within the region that are not provided by TAFE institutes, universities or an adult education institution; and (g) to support and promote the provision of adult, community and further education in the region; and (h) to support and promote networks between community based providers of adult, community and further education; and (i) to support and promote the diversity and flexibility of the community based provision of adult, community and further education; and (k) to participate in recommending to the Board priorities and policies to apply throughout the State; and (l) to carry out any other function that is conferred on it by this or any other Act. (2) The Minister may from time to time, by notice published in the Government Gazette, confer additional functions relating to adult, community and further education on a Regional Council. (3) In carrying out its functions a Regional Council must— (a) consult as a matter of general practice with any person or organisation who uses or provides adult, community and further education and any other education and training organisation in its region including the board of any TAFE institute which provides or offers adult, community and further education in the region and the governing board of an adult education institution if it provides or offers adult, community and further education in the region; and (b) ensure that its actions are consistent with the arrangements for the provision of vocational education and training. (s3.3.18)

A Regional Council must carry out its functions subject to— (a) any performance agreement it has entered into with the Board; and (b) the policies of the Board; and (c) the general control of the Minister and any other requirement of this Act.


Attachment 3 - How the ACFE Board & Regional Councils may interact in performing the functions assigned to themBroad functions from the ETR Act 2006

ACFE Board Regional Councils

Advising the Minister Any ACFE matter Advise the BoardAccountability to the Minister

Developing & maintaining ACFE educational programs and services

LeadQuality ofEquitable access to

Advise, report & recommend to the BoardEvaluate regional effectiveness

Developing & maintaining ACFE policies

LeadEvaluate

Advise & recommend to the BoardEvaluate regional effectivenessAccountability to the Board

Developing ACFE strategy, priorities & planning

Lead state Lead regionalEvaluate regional effectivenessAdvise and report to the Board

Establishing committees Audit committeeOther committees

Membership Terms & conditions Procedures

Establishing performance agreements

To a Regional CouncilTo a Governing Board of an AEI

Accountability to the Board

Identifying the needs of ACFE users/providers

Lead regional processesAdvise, report and recommend to the Board

Providing grants, subsidies and loans - ACFE

LeadTo person, organisation or institution (public/ private)Board of TAFE InstituteRegional Council (payments to)

Advise, report & recommend to the Board

Providing grants, subsidies and loans – not ACFE

Ministerial consentMinisterial terms/conditions

Supporting & promoting ACFE Awareness ofImportance ofResearch & development

Advise the BoardRegional – networks, provision, flexibility and diversity


Attachment 4 – Current strategies that connect the ACFE Board & Regional Councils

ACFE Chairpersons’ Forums bring together the Board Chair and the eight Regional Council Chairs four times a year

Annual Planning workshop – involves all ACFE Board members and the eight Regional Council Chairs

Integration of the planning cycle between Councils and the Board The ACFE Board Champions Strategy which links a Board member to each Regional

Council. This person attends meetings and events in the region as they are able, with a minimum expectation that they attend two meetings and two other events each year.

Regional Council Development Day Ad hoc engagement at system events such as the Victorian Learn Local Awards,

Provider Forums, launches, provider events and conferences Board members and Regional Council members working together on grant

assessment panels, project steering and reference groups, working groups etc. Regional Council members access to Board Meeting minutes and papers Dissemination of reports commissioned by the Board to Regional Councils Formal requests for advice from the Board to Regional Councils Letters, project reports etc. sent from Councils to the Board Regional Council members attending ACFE Board meetings held in their region

(about to be reintroduced) Project outcomes from regional projects presented at Board meetings


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